Public Law 101-624-Nov. 28, 1990
Subtitle C--National Genetic Resources Program
7 USC 5841.
SEC. 1632. Establishment, Purpose, and Functions of the National Genetic
(a) IN GENERAL.--The Secretary of Agriculture shall provide for
a National Genetic Resources Program.
(b) PURPOSE.--The program is established for the purpose of maintaining and
enhancing a program providing for the collection, preservation, and
dissemination of genetic material of importance to American food and
(c) ADMINISTRATION.--The program shall be administered by the Secretary through
the Agricultural Research Service.
(d) FUNCTIONS.--The Secretary, acting through the program, shall--
(1) provide for the collection, classification,
preservation, and dissemination of genetic material of importance to the food
and agriculture sectors of the United States;
(2) conduct research on the genetic materials collected and on methods for
storage and preservation of those materials;
(3) coordinate the activities of the program with similar activities occurring
(4) unless otherwise prohibited by law, have the right to make available upon
request, without charge and without regard to the country from which such
request originates, the genetic material which the program assembles;
(5) expand the types of genetic resources included in the program to develop a
comprehensive genetic resources program which includes plants (including
silvicultural species), animal, aquatic, insect, microbiological, and other
types of genetic resources of importance to food and agriculture, as resources
(6) engage in such other activities as the Secretary determines appropriate and
as the resources of the program permit.
7 USC 5842.
SEC.1633. Appointment and Authority of Director
(a)DIRECTOR.--There shall be at the head of the program an
official to be known as the Director of the National Genetic Resources Program
who shall be appointed by the Secretary. The Director shall perform such duties
as are assigned to the Director by this subtitle and such other duties as the
Secretary may prescribe.
(b) ADMINISTRATIVE AUTHORITY.--In carrying out this subtitle,
the Secretary, acting through the Director--
(1) shall be responsible for the overall direction
of the program and for the establishment and implementation of general policies
respecting the management and operation of activities within the program;
(2) may secure for the program consultation services and advice of persons from
the United States and abroad;
(3) may accept voluntary and uncompensated services; and
(4) may perform such other administrative functions as the Secretary determines
are needed to effectively carry out this subtitle.
(c) DUTIES.--The Director shall--
(1) advise participants on the program activities;
(2) coordinate, review and facilitate the systematic identification and
evaluation of, relevant information generated under the program;
(3) promote the effective transfer of the information described in paragraph
(2) to the agriculture and food production community and to entities that
require such information; and
(4) monitor the effectiveness of the activities described in paragraph (3).
(d) BIENNIAL REPORTS.--The Director shall prepare and transmit
to the Secretary and to the Congress a biennial report containing--
(1) a description of the activities carried out by
and through the program and the policies of the program, and such
recommendations respecting such activities and policies as the Director
considers to be appropriate;
(2) a description of the necessity for, and progress achieved toward providing,
additional programs and activities designed to include the range of genetic
resources described in section 1632(d)(5) in the activities of the program; and
(3) an assessment of events and activities occurring internationally as they
relate to the activities and policies of the program.
(e) INITIAL REPORTS.--Not later than one year after the date of
the enactment of this Act, the Director shall transmit to the Secretary and to
the Congress a report--
(1) describing the projected needs over a 10-year
period in each of the areas of genetic resources described in section
1632(d)(5), including the identification of existing components of a
comprehensive program, policies and activities needed to coordinate those
components, and additional elements not in existence which are required for the
development of a comprehensive genetic resources program as described in such
(2) assessing the international efforts and activities related to the program,
and their effect upon and coordination with the program; and
(3) evaluating the potential effect of various national laws, including
national quarantine requirements, as well as treaties, agreements, and the
activities of international organizations on the development of a comprehensive
international system for the collection and maintenance of genetic resources of
importance to agriculture.
SEC. 1634 Advisory Council 7 USC 5843.
(a) ESTABLISHMENT AND MEMBERSHIP.--The Secretary shall
establish an advisory council for the program for the purpose of advising,
assisting, consulting with, and making recommendations to, the Secretary and
Director concerning matters related to the activities, policies and operations
of the program. The advisory council shall consist of ex officio members and
not more than nine members appointed by the Secretary.
(b) EX OFFICIO MEMBERS.--The ex officio members of the advisory
council shall consist of the following persons (or their designees):
(1) The Director.
(2) The Assistant Secretary of Agriculture for Science and Education.
(3) The Director of the National Agricultural Library.
(4) The Director of the National Institutes of Health.
(5) The Director of the National Science Foundation.
(6) The Secretary of Energy.
(7) The Director of the Office of Science and Technology Policy.
(8) Such additional officers and employees of the United States as the
Secretary determines are necessary for the advisory council to effectively
carry out its functions.
(c) APPOINTMENT OF OTHER MEMBERS.--The members of the advisory
council who are not ex officio members shall be appointed by the Secretary as
(1) Two-thirds of the members shall be appointed
from among the leading representatives of the scientific disciplines relevant
to the activities of the program, including agricultural sciences,
environmental sciences, natural resource sciences, health sciences, and
(2) One-third of the members shall be appointed from the general public and
shall include leaders in fields of public policy, trade, international
development, law, or management.
(d) COMPENSATION.--Members of the advisory council shall serve
without compensation, if not otherwise officers or employees of the United
States, except that they shall, while away from their homes or regular places
of business in the performance of services for the advisory council, be allowed
travel expenses, including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service are allowed
expenses under sections 5701 through 5707 of title 5, United States Code.
(e) TERM OF OFFICE OF APPOINTEES; VACANCIES.--
(1) TERM.--The term of office of a member appointed
under subsection (c) is four years, except that any member appointed to fill a
vacancy occurring before the expiration of the term for which the predecessor
of such member was appointed shall be appointed only for the remainder of such
(2) INITIAL APPOINTMENT.--The Secretary shall make appointments to the advisory
council so as to ensure that the terms of the members appointed under
subsection (c) do not all expire in the same year. A member may serve after the
expiration of the member's term until a successor takes office.
(3) REAPPOINTMENT.--A member who is appointed for a term of four years may not
be reappointed to the advisory council before two years after the date of
expiration of such term of office.
(4) VACANCIES.--If a vacancy occurs in the advisory council among the members
appointed under subsection (c), the Secretary shall make an appointment to fill
such vacancy within 90 days after the date such vacancy occurs.
(f) CHAIR.--The Secretary shall select as the chair of the
advisory council one of the members appointed under subsection (c). The term of
office of the chair shall be two years.
(g) MEETINGS.--The advisory council shall meet at the call of
the chair or on the request of the Director, but at least two times each fiscal
year. The location of the meetings of the advisory council shall be subject to
the approval of the Director.
(h) STAFF.--The Director shall make available to the advisory
council such staff, information, and other assistance as it may require to
carry out its functions.
(i) ORIENTATION AND TRAINING.--The Director shall provide such
orientation and training for new members of the advisory council as may be
appropriate for their effective participation in the functions of the advisory
(j) COMMENTS AND RECOMMENDATIONS.--The advisory council may
prepare, for inclusion in a report submitted under section 1633--
(1) comments respecting the activities of the
advisory council during the period covered by the report;
(2) comments on the progress of the program in meeting its objectives; and
(3) recommendations respecting the future directions, program, and policy
emphasis of the program.
(k) REPORTS.--The advisory council may prepare such reports as
the advisory council determines to be appropriate.
(l) APPLICATION OF ADVISORY COMMITTEE ACT.--Section 14(a) of
the Federal Advisory Committee Act (5 U.S.C. App.) relating to the termination
of an advisory committee shall not apply to the advisory committee established
under this section.
SEC.1635 Definitions and Authorization of Appropriations 7 USC
(a) DEFINITIONS.--For purposes of this subtitle:
(1) The term "program" means the National
Genetic Resources Program.
(2) The term "Secretary" means the Secretary of Agriculture.
(3) The term "Director" means the Director of the National Genetic
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated such funds as may be necessary to carry out this subtitle
for each of the fiscal years 1991 through 2002.